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BOETTGER v. MOORE

No. 72-1261.

483 F.2d 86 (1973)

Mary I. BOETTGER, Administratrix of the Estate of Clarence Stensrude, Jr., Deceased, Appellant, v. Dave MOORE et al., Appellees.

United States Court of Appeals, Ninth Circuit.

July 31, 1973.

Attorney(s) appearing for the Case

Jess L. Angstman, Havre, Mont., John F. Bayuk, Shelby, Mont., D. Patrick McKittrick, of Hilley & McKittrick, Great Falls, Mont., for appellant.

Smith, Emmons & Baillie, Great Falls, Mont., for appellees.

Before KOELSCH, HUFSTEDLER, and GOODWIN, Circuit Judges.

ALFRED T. GOODWIN, Circuit Judge:

The administratrix of a decedent's estate sued two police officers, the chief of police, the mayor, and eight city councilmen of Havre, Montana, for damages under 42 U.S.C. § 1983, for depriving the decedent of his civil rights by shooting him to death in the course of police work.

The district court dismissed the action against the mayor and councilmen. The action continues against the remaining defendants. The plaintiff...

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